Article 76 of the Costitution of India with Case law
📜 Article 76 of the Constitution of India – Attorney-General for India
Text of Article 76:
(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the President.
(3) In the performance of his duties, the Attorney-General shall have the right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine.
âś… Key Features of Article 76:
The Attorney-General for India (AGI) is the highest law officer in the country.
Must be qualified to be a Supreme Court judge, i.e., must have:
5 years as High Court judge or
10 years as a High Court advocate or
Eminent jurist in the President’s opinion.
Can attend proceedings of the Parliament but cannot vote.
Advises the Union Government on legal matters.
Has the right to speak and be heard in courts.
⚖️ Important Case Laws Related to Article 76
1. P.N. Duda v. P. Shiv Shankar & Others (1988 AIR 1208)
Issue: Contempt petition against the then Law Minister.
Observation: The Attorney-General’s consent is required under Section 15 of the Contempt of Courts Act for initiating criminal contempt by individuals.
Relevance: This highlights the AGI’s quasi-judicial role under certain statutory laws.
2. Subramanian Swamy v. Union of India (2016) 7 SCC 221
Issue: Validity of criminal defamation laws.
Observation: The Attorney-General defended the constitutionality of Section 499 and 500 IPC.
Relevance: The AGI is often the primary legal representative of the Union Government in constitutional matters.
3. K.M. Nanavati v. State of Maharashtra (1962 AIR 605)
Although the case is more about executive clemency, the Attorney-General’s advisory role to the President was indirectly involved during clemency discussions.
4. Union of India v. Sankalchand Himatlal Sheth (1977 AIR 2328)
The AG appeared for the Union of India, defending the transfer of judges.
This illustrates the AG's duty to represent the government in matters of constitutional importance.
🧾 Notable Attorney-Generals for India (AGI):
| Name | Term |
|---|---|
| M.C. Setalvad | 1950–1963 (first AGI) |
| Soli Sorabjee | Two terms |
| K.K. Venugopal | 2017–2022 |
| R. Venkataramani | Incumbent (as of 2024) |
đź“Ś Conclusion:
Article 76 creates the post of Attorney-General for India, who is a bridge between the judiciary and the executive, ensuring legal accountability of the government. While not a minister, the AG plays a critical constitutional and legal role.
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